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A 2176 - Prohibits Civil Arrest of Individuals Attending Court Proceedings - New York Key Vote

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Title: Prohibits Civil Arrest of Individuals Attending Court Proceedings

Vote Smart's Synopsis:

Vote to pass a bill that prohibits civil arrest without a judicial warrant of individuals going to, remaining at, or returning from a court proceeding.

Highlights:

 

  • Prohibits the civil arrest of individuals going to, remaining at, or returning from a court proceeding in which such individual is a party or potential witness, or a family or household member is a party or a potential witness (Sec. 1).

  • Specifies that a judicial warrant or judicial order may authorize such civil arrest (Sec. 1).

  • Defines “civil arrest” as an arrest that is neither for the primary purpose of preparing the person for criminal prosecution for an alleged violation of criminal law for which a sentence of imprisonment is authorized by law, nor for contempt of court in which the court proceeding is taking place or will be taking place (Sec. 1).

  • Classifies the execution of a prohibited arrest and willful assistance in a prohibited arrest as contempt of court and false imprisonment (Sec. 1).

  • Authorizes individuals and or the attorney general, with reasonable cause to believe that a violation occurred, to bring a civil action for appropriate equitable and declaratory relief (Sec. 1).

  • Authorizes the plaintiff or petitioner in a successful action to recover costs and reasonable attorney fees (Sec. 1).

  • Authorizes courts to issue appropriate judicial orders to protect the privileged from civil arrest (Sec. 1).

  • Requires the chief administrator to promulgate rules to ensure that (Sec. 1):

    • Representatives of a law enforcement agency who, while acting in an official capacity, enter a courthouse intending to observe an individual or take an individual into custody, identify themselves to uninformed court personnel, state their specific law enforcement purpose and the proposed enforcement action to be taken, and provide a copy of a warrant or order if they have one;

    • Warrants or orders are promptly reviewed by a judge or court attorney and information about any proposed enforcement action is transmitted to and reviewed by appropriate court system personnel;

    • Except in extraordinary circumstances, no arrests are made by a representative of a law enforcement agency in a courtroom absent leave of the court; 

    • Except pursuant to a judicial warrant or judicial order authorizing an arrest, no civil arrests are executed inside a courthouse;

    • Unusual occurrence reports are filed for every enforcement action taken inside the courthouse; and 

    • Copies of all judicial warrants and judicial orders authorizing an arrest are maintained by the chief administrator in a central record repository.

  • Requires the chief administrator to publish on the unified court systems website and provide to the governor an annual report compiling statistics including, but not limited to (Sec. 1):

    • The date each judicial order or judicial warrant was signed and presented to counsel for the unified court system;

    • A description of the type of judicial order or judicial warrant; and 

    • Whether or not an arrest occurred with respect to such warrant and the date and location of the arrest.

See How Your Politicians Voted

Title: Prohibits Civil Arrest of Individuals Attending Court Proceedings

Vote Smart's Synopsis:

Vote to pass a bill that prohibits civil arrest without a judicial warrant of individuals going to, remaining at, or returning from a court proceeding.

Highlights:

 

  • Prohibits the civil arrest of individuals going to, remaining at, or returning from a court proceeding in which such individual is a party or potential witness, or a family or household member is a party or a potential witness (Sec. 1).

  • Specifies that a judicial warrant or judicial order may authorize such civil arrest (Sec. 1).

  • Defines “civil arrest” as an arrest that is neither for the primary purpose of preparing the person for criminal prosecution for an alleged violation of criminal law for which a sentence of imprisonment is authorized by law, nor for contempt of court in which the court proceeding is taking place or will be taking place (Sec. 1).

  • Classifies the execution of a prohibited arrest and willful assistance in a prohibited arrest as contempt of court and false imprisonment (Sec. 1).

  • Authorizes individuals and or the attorney general, with reasonable cause to believe that a violation occurred, to bring a civil action for appropriate equitable and declaratory relief (Sec. 1).

  • Authorizes the plaintiff or petitioner in a successful action to recover costs and reasonable attorney fees (Sec. 1).

  • Authorizes courts to issue appropriate judicial orders to protect the privileged from civil arrest (Sec. 1).

  • Requires the chief administrator to promulgate rules to ensure that (Sec. 1):

    • Representatives of a law enforcement agency who, while acting in an official capacity, enter a courthouse intending to observe an individual or take an individual into custody, identify themselves to uninformed court personnel, state their specific law enforcement purpose and the proposed enforcement action to be taken, and provide a copy of a warrant or order if they have one;

    • Warrants or orders are promptly reviewed by a judge or court attorney and information about any proposed enforcement action is transmitted to and reviewed by appropriate court system personnel;

    • Except in extraordinary circumstances, no arrests are made by a representative of a law enforcement agency in a courtroom absent leave of the court; 

    • Except pursuant to a judicial warrant or judicial order authorizing an arrest, no civil arrests are executed inside a courthouse;

    • Unusual occurrence reports are filed for every enforcement action taken inside the courthouse; and 

    • Copies of all judicial warrants and judicial orders authorizing an arrest are maintained by the chief administrator in a central record repository.

  • Requires the chief administrator to publish on the unified court systems website and provide to the governor an annual report compiling statistics including, but not limited to (Sec. 1):

    • The date each judicial order or judicial warrant was signed and presented to counsel for the unified court system;

    • A description of the type of judicial order or judicial warrant; and 

    • Whether or not an arrest occurred with respect to such warrant and the date and location of the arrest.

Title: Prohibits Civil Arrest of Individuals Attending Court Proceedings

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